Diamond Freight Inc. et al v. King's Express Inc. et al
| Diamond Freight Inc. |
| Dennis McCormick, King's Express Inc. and Infinity Logistics, Inc. |
| 1:2019cv00590 |
| January 29, 2019 |
| US District Court for the Northern District of Illinois |
| Elaine E Bucklo |
| Jeffrey T Gilbert |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 40 JUDGMENT ORDER: This cause comes to be heard on Plaintiff's Motion for Order of Judgment by Default [ECF No. 30] and the Court being fully informed in the premises as follows: A. Plaintiff's complaint was filed on January 29, 2019 [ECF No. 1]. B. Defendants were to answer or otherwise plead by August 30, 2019 [ECF No. 29] after multiple extensions. C. No Defendant has filed a responsive pleading. D. Plaintiff has moved for entry of judgment by default [ECF No. 30]. THEREFORE, IT IS HEREBY ORDERED: 1. Plaintiff's Motion for Order of Judgment by Default [ECF No. 30] is granted.2. Judgment is entered in favor of Plaintiff Diamond Freight, Inc. and against Defendants King's Express Inc. and Dennis McCormick, jointly and severally, on Counts I and II of the complaint in the sum of $47,907.00 plus attorneys' fees of $8,285.00 and costs of $570.00. 3. Judgment is entered in favor of Plaintiff Diamond Freight, Inc. and against Defendant Infinity Logistics on Count III in the sum of $47,907.00 plus costs of $570.00. Judgment entered. Civil case terminated. Signed by the Honorable Jeffrey T. Gilbert on 9/17/2019. Mailed notice(ber, ) |
| Filing 39 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status and motion hearing held on 9/12/19. Plaintiff's counsel appeared. No one appeared on behalf of Defendants. Plaintiff's Motion for Order of Judgment by Default #30 is granted for the reasons stated on the record. Plaintiff's counsel shall submit a proposed judgment order to the Court's proposed order email, including the fees and expenses set forth in Plaintiff's counsel's Declaration #36 . Mailed notice (ber, ) |
| Filing 38 NOTICE by Diamond Freight Inc. Notice of Filing for Proof of Service (LaForte, George) |
| Filing 37 CERTIFICATE of Service by Plaintiff Diamond Freight Inc. Proof of Service of Declaration in Support of Claim for Costs and Attorneys Fees (LaForte, George) |
| Filing 36 DECLARATION of George F. LaForte, Jr. Declaration in Support of Claim for Costs and Attorneys' Fees (LaForte, George) |
| Filing 35 NOTICE of Correction re #32 (bg, ) |
| Filing 34 NOTICE by Diamond Freight Inc. Notice of Filing of Proof of Service of Declaration in Support of Claim for Costs and Attorneys Fee (LaForte, George) |
| Filing 33 CERTIFICATE of Service by Plaintiff Diamond Freight Inc. Proof of Service of Declaration in Support of Claim for Costs and Attorneys Fees (LaForte, George) |
| Filing 32 DECLARATION in support of claim for costs and attorney's fees by Plaintiff Diamond Freight Inc. for attorney fees Declaration in Support of Claim for Costs and Attorneys' Fees (LaForte, George) (Docket text modified by Clerk's Office) Modified on 9/10/2019 (bg, ). |
| Filing 31 NOTICE of Motion by George F. LaForte, Jr for presentment of motion for judgment #30 before Honorable Jeffrey T. Gilbert on 9/12/2019 at 10:15 AM. (LaForte, George) |
| Filing 30 MOTION by Plaintiff Diamond Freight Inc. for judgment Plaintiff's Motion for Order of Judgment by Default (LaForte, George) |
| Filing 29 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/15/19 and continued to 9/12/19 at 10:15 a.m. Motion hearing on 8/15/19. Plaintiff's Agreed Motion to Extend Fact Discovery Schedule #27 is granted. Fact discovery is extended to 11/29/19. All expert discovery shall be completed by 3/30/20. Defendants shall answer or otherwise plead to Plaintiff's complaint by 8/30/19. Defendants shall serve responses to Plaintiff's pending discovery requests by 8/30/19 and produce responsive documents by 8/30/19. If Defendants need more time to comply with the Court's order, they shall file a motion and explain why good cause exists to further extend the deadlines with which they have not complied. If Defendants do not comply with Court's order, Plaintiff should file an appropriate motion or motions. Mailed notice (ber, ) |
| Filing 28 NOTICE of Motion by George F. LaForte, Jr for presentment of motion for extension of time to complete discovery #27 before Honorable Jeffrey T. Gilbert on 8/15/2019 at 01:00 PM. (LaForte, George) |
| Filing 27 MOTION by Plaintiff Diamond Freight Inc. for extension of time to complete discovery (LaForte, George) |
| Filing 26 NOTICE by Diamond Freight Inc. Notice of Filing of Initial Joint Status Report (LaForte, George) |
| Filing 25 STATUS Report Initial Joint Status Report by Diamond Freight Inc. (LaForte, George) |
| Filing 24 MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been reassigned to Magistrate Judge Gilbert. Plaintiff's Motion for Entry of Default #13 is denied. After Plaintiff's Motion #13 was filed, the parties clearly contemplated moving forward with the case on the merits as set forth in their Joint Rule 26(f) Planning Report #17 . Defendants' Rule 6(b) Motion for an Extension of Time Within Which to Respond to the Plaintiffs Complaint #15 is denied as moot. Defendants' Rule 6(b) Motion for an Extension of Time Within Which to Respond to the Plaintiff's Complaint #21 is granted. Defendants shall answer or otherwise respond to Plaintiff's Complaint by 8/9/19. The motion hearing noticed for 7/30/19 at 9:15 a.m. is stricken with no appearance required. This case is set for an initial status hearing on 8/15/19 at 1:00 p.m. Prior to the status hearing, the parties shall familiarize themselves with the subjects referenced in Magistrate Judge Gilbert's Standing Order for Initial Status Report and his Standing Order for Settlement Conference posted on the Court's website at www.ilnd.uscourts.gov/Judges as applicable to consent cases. Mailed notice (ber, ) |
Filing 23
ORDER REASSIGNING: Case reassigned to the Honorable Jeffrey T. Gilbert, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Honorable Elaine E. Bucklo on 7/11/2019. (bg, )
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| Filing 22 NOTICE of Motion by Timothy Michael Biasiello for presentment of extension of time,, motion for extension of time to file answer, #21 before Honorable Jeffrey T. Gilbert on 7/30/2019 at 09:15 AM. (Biasiello, Timothy) |
| Filing 21 MOTION by Defendants Infinity Logistics, Inc., King's Express Inc., Dennis McCormick for extension of time , MOTION by Defendants Infinity Logistics, Inc., King's Express Inc., Dennis McCormick for extension of time to file answer (Biasiello, Timothy) |
| Filing 20 NOTICE by Diamond Freight Inc. Notice of Filing of Proof of Service (LaForte, George) |
| Filing 19 CERTIFICATE of Service Proof of Service of Plaintiffs First Request for Production and Plaintiffs First Set of Interrogatories by George F. LaForte, Jr on behalf of Diamond Freight Inc. (LaForte, George) |
| Filing 18 MINUTE entry before the Honorable Elaine E. Bucklo: The Court adopts the report of parties planning meeting. Parties written discovery to be issued by 6/14/2019. Fact discovery ordered closed by 8/16/2019. All expert discovery to be completed by 12/6/2019. Final supplementation of the MIDP is due 1/10/2020. Dispositive motions with supporting memoranda due by 2/28/2020. The parties have consented to the jurisdiction of the magistrate judge. This case will be sent to the executive committee for reassignment. The scheduling conference date of 5/10/2019 is stricken and no appearance is required. Mailed notice. (mgh, ) |
| Filing 17 Rule 26(f) Joint Initial Planning Report by Diamond Freight Inc. (LaForte, George) |
| Filing 16 NOTICE by Diamond Freight Inc. Notice of Filing for Rule 26(f) Initial Planning report (LaForte, George) |
| Filing 15 MOTION by Defendants Infinity Logistics, Inc., King's Express Inc., Dennis McCormick for extension of time to file answer regarding complaint #1 (Attachments: #1 Exhibit)(Biasiello, Timothy) |
| Filing 14 ATTORNEY APPEARANCE by Defendants Infinity Logistics, Inc., King's Express Inc., Dennis McCormick for leave to appear as General (Biasiello, Timothy) Modified on 4/22/2019 (gcy, ). |
| Filing 13 MOTION by Plaintiff Diamond Freight Inc. for entry of default (LaForte, George) |
| Filing 12 NOTICE by Diamond Freight Inc. Notice of Filing for Plaintiff's Motion for Entry of Default (LaForte, George) |
| Filing 11 NOTICE by Diamond Freight Inc. Notice of Filing for return of service of summons on Dennis McCormick. (LaForte, George) |
| Filing 10 SUMMONS Returned Executed by Diamond Freight Inc. as to Dennis McCormick on 3/13/2019, answer due 4/3/2019. (LaForte, George) |
| Filing 9 NOTICE by Diamond Freight Inc. Notice of filing for return of service of summons on King's Express Inc. (LaForte, George) |
| Filing 8 SUMMONS Returned Executed by Diamond Freight Inc. as to King's Express Inc. on 3/13/2019, answer due 4/3/2019. (LaForte, George) |
| Filing 7 NOTICE by Diamond Freight Inc. Notice of filing for return of service of summons on Infinity Logistics, Inc. (LaForte, George) |
| Filing 6 SUMMONS Returned Executed by Diamond Freight Inc. as to Infinity Logistics, Inc. on 3/13/2019, answer due 4/3/2019. (LaForte, George) |
| ALIAS Summons Issued as to Defendants Infinity Logistics, Inc., King's Express Inc., Dennis McCormick. (kb, ) |
| Filing 5 MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling conference set for 5/10/2019 at 09:30 AM. Rule 26(f) report re MIDP due 5/7/2019. The report must comply with the Mandatory Initial Discovery Pilot program of the district court. The report form can be found on Judge Bucklo's page at www.ilnd.uscourts.gov.Mailed notice (reg) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (bg, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Diamond Freight Inc. by George F. LaForte, Jr (LaForte, George) |
| Filing 2 CIVIL Cover Sheet (LaForte, George) |
| Filing 1 COMPLAINT filed by Diamond Freight Inc.; Filing fee $ 400, receipt number 0752-15427692. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(LaForte, George) |
| SUMMONS Issued as to Defendants Infinity Logistics, Inc., King's Express Inc., Dennis McCormick (pj, ) |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (rc, ) |
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